Ulster legal luminary stepping down

When E. Michael Kavanagh steps down from his role as state Supreme Court justice next week, it will end the public career of one of the area's most distinguished legal heavyweights.

James Nani

When E. Michael Kavanagh steps down from his role as state Supreme Court justice next week, it will end the public career of one of the area's most distinguished legal heavyweights.

During a 20-year stint as Ulster County district attorney, he prosecuted several high-profile cases that locked up mobsters, helped locate the victim of a child killer and got into a public tussle with New York Gov. Mario Cuomo.

Starting his legal career in 1970, Kavanagh spent four years as a prosecutor in Manhattan before moving to Ulster County as chief assistant district attorney.

He served as district attorney in Ulster County from 1978 until 1998, when he was elected as a state Supreme Court justice.

In November, 69-year-old Kavanagh, from Woodstock, lost his re-election bid for a second 14-year stint on the Supreme Court in New York's 3rd Judicial District.

Kavanagh and Bernard Malone, both Republicans, were defeated by attorneys Stephan Schick and Richard Mott, both Democrats.

Being a judge was an honor, said Kavanagh, but his passion was locking horns with defendants from the opposite side of the bench.

"Being DA is the best job in the courthouse," said Kavanagh.

In 1978, Kavanagh first began to attract attention when he obtained convictions of mob chiefs and ousted Teamsters official Anthony "Tony Pro" Provenzano and reputed underworld enforcer Harold "Kayo" Konigsberg in the murder of rival Anthony "Three Fingers" Castellito Sr.

Provenzano, also linked to the death of Teamster boss Jimmy Hoffa, is said to have ordered the garroting of Castellito with piano wire at Provenzano's summer home near Kerhonkson in 1961.

There was no federal murder statute at the time, said Kavanagh, so the FBI asked the county to try the case.

Kavanagh, 35 at the time, said the case was an undertaking for the small Ulster County office. And intimidating.

"I was glad to have it — and reckless back then. I don't know if I would do it today," he said.

Another case that made headlines was that of convicted cop killer Gary McGivern.

On Sept. 13, 1968, McGivern and two other prisoners were being transferred down the Thruway from Auburn Prison to a court appearance in White Plains.

Between Exits 17 and 18, inmate Robert Bowerman broke free of his cuffs and grabbed the deputy sheriff's gun.

No matter whose story you believe about what happened next, by the end of the incident Bowerman and a deputy sheriff were shot dead and McGivern and his buddy Chuck Culhane were accused of attempting to escape and murder.

The case became a media sensation. Culhane and McGivern were indicted in Ulster County and tried three times, resulting first in a hung jury in 1969, then a 1970 conviction that was later overturned in 1973.

The third time, in 1975, Kavanagh got his chance to try them — and won. During the trials though, McGivern and Culhane started a letter-writing campaign that attracted support from people such as William F. Buckley Jr., Allen Ginsberg and Pete Seeger.

"Suddenly they were able to portray themselves as young Irish boys who had been convicted of a crime they did not commit," Kavanagh said.

While they were serving their sentence, Gov. Mario Cuomo, granted McGivern clemency on December 31, 1985, making him eligible for parole.

That spurred a very public fight between Cuomo and Kavanagh. They both landed on TV's "60 Minutes" to talk about the case. Kavanagh doesn't mince words about the outcome.

"He was terribly wrong. What Cuomo did in that case was, in my opinion, unforgivable, recklessly irresponsible. It was a gross intrusion into the criminal justice system. These guys were guilty as sin," said Kavanagh.

Jump to Sep. 21, 1995, and the case of Larry Whitehurst of Kingston. Kavanagh's assistant was questioning Whitehurst, who was the prime suspect in the kidnapping of missing 7-year-old Rickel Knox.

During questioning, Whitehurst asked for a lawyer. Kavanagh denied it and kept the questioning up. "Continue to talk to him until we know where the girl is,'" Kavanagh said to the assistant.

They could lose the whole case — but no one knew if Knox was alive or not. Whitehurst promised to lead them to her in exchange for a deal.

Prosecutors told Whitehurst: Show us where the girl is, and if she's alive, you'll get 10 to life. If she's dead, it'll be 15 to life.

"I was prepared to make a deal with the devil," said Kavanagh. They made the deal. But when Whitehurst led them to Knox, she was dead — strangled and raped. So Kavanagh broke the deal.

The Whitehurst case became the first capital murder trial in the state since reinstatement of the death penalty just 20 days earlier.

Eventually, Kavanagh said he spoke to Knox's family and, with their consent, took a plea from Whitehurst in exchange for an open admission of guilt in court.

With his district attorney days behind him and his judgeship coming to an end, Kavanagh said it's time to retire from politics.

He plans to stay in the area. but he's not sure what's next.

But he said something he learned from state Appellate Division Justice Anthony Cardona will continue to serve him well.

"If you treat people fairly, everything will fall into place properly," said Kavanagh.